Truck stop fears persist in Boerne

BOERNE — The annexation of a 28-acre parcel off North Main Street is proceeding despite residents' fears that it might enhance the likelihood of a 24-hour truck stop going there.

City officials last week announced that the city had told Pilot Travel Centers that a truck stop wouldn't be suitable for the site two miles north of downtown under current zoning laws.

But several residents urged the City Council late Tuesday to deny or delay action on the annexation request by M&K Investments until city zoning codes can be bolstered to stave off a possible legal challenge by Pilot.

“You need to close loopholes in our ordinances before annexation,” Martha Sherman said.

The council voted 4-1 to annex after City Attorney Kirsten Cohoon expressed confidence in the city's legal footing.

She noted that Pilot has not obtained a contract to buy the site or filed any permit applications or site plans regarding an intent to build a truck stop there. “If the property owner wants to add a covenant to their deed (disallowing truck stops), that's up to him,” Cohoon said.

Phillip Bell, agent for M&K, expressed dismay that fellow residents readily exchanged rumors about his professional conduct but that none bothered to call him and ask.

“We never wanted a truck stop on that property ourselves,” he told the council audience. “We knew there was a higher and better use.”

But Bell said he's ethically bound to entertain all offers on property he posts for sale, or “I'd be sued in two seconds.”

Although a truck stop could be built there if the land were not annexed, city officials say constructing a wastewater treatment plant could make the project cost prohibitive.

In making the motion to approve the annexation, Councilman Jeff Haberstroh said it “puts us in a position of strength” and gives the city a voice in finding compatible uses for land in its northern entry corridor.

Councilwoman Christina Bergmann cast the dissenting vote without comment. A final annexation vote is set for Feb. 12.

Pilot officials have declined comment on reports that they wanted to build on the site.